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(영문) 서울중앙지방법원 2018.06.27 2017고단8790
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2017 Highest 8790] The defendant and the victim D ( South, 21 years old) are the former related persons.

1. From April 2016 to June 2016, the Defendant taken the sexual intercourse with the victim’s consent by using the Defendant’s cell phone at the seat of the Seoul Moel area.

After that, on the grounds that the Defendant would be hedging with the victim, and the victim raised a separate accusation against the Defendant as a crime of insult, etc., the Defendant opened an Internet E account in the PC located in Gwanak-gu Seoul Special Metropolitan City on February 24, 2017 and posted the sexual dynamic image with the victim. From around that time to March 17, 2017, the Defendant posted the sexual dynamic image of the victim in the same manner as the written list of crimes in the attached list of crimes.

Accordingly, the Defendant displayed sexual dynamic images with the victim openly against the victim's will.

2. On March 23, 2017, the Defendant openly displayed sexual intercourse images with the victim against the victim’s will by posting them at the Defendant’s residence located in G G 1, 1005, Dong 1, 1005, Seoul Special Metropolitan City, by means of posting the address (J) of the said E account where the sexual intercourse video with the victim was posted to the “H” and “I” group hosting room using mobile phones.

[205] No person may distribute information with obscene codes, text, sound, image, or motion picture via an information and communications network with a content distributed, sold, leased, or displayed openly.

Nevertheless, on April 10, 2017, the Defendant, using K’s clinic, posted a male’s sexual picture at the wing room, “H L” as “K,” and displayed openly obscene materials.

Summary of Evidence

[2017 Highest 8790]

1. Statement by the defendant in court;

1. Statement made by the police against D;

12 Declarations (No. 5649) No. 5649) Related E video circulation photographs

1. A criminal investigation report (time 4), investigation report (case concerning documents submitted by a victim);

1. Photographs (net 20).

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